PRIOR PRINTER'S NOS. 317, 3837, 3906, PRINTER'S NO. 4080
3916
No. 301 Session of 1991
INTRODUCED BY O'DONNELL, KOSINSKI, JOSEPHS, DALEY, MELIO, PESCI,
GIGLIOTTI AND VROON, FEBRUARY 6, 1991
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
OCTOBER 5, 1992
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for municipal
3 court jurisdiction over landlord-tenant cases; further
4 providing for the establishment of fees and charges and for <--
5 constable fees; imposing a criminal laboratory user fee;
6 providing for disposition of revenues generated by the fee;
7 PROVIDING FOR THE ABATEMENT OF AND FOR OTHER REMEDIES <--
8 RELATING TO DRUG-RELATED NUISANCES; AND PROVIDING FOR
9 PROCEDURE, FOR INJUNCTIONS AND FOR POWERS AND DUTIES OF THE
10 COURTS; and making repeals.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 1123(a)(3) of Title 42 of the
14 Pennsylvania Consolidated Statutes is amended to read:
15 § 1123. Jurisdiction and venue.
16 (a) General rule.--Except as otherwise prescribed by any
17 general rule adopted pursuant to section 503 (relating to
18 reassignment of matters), the Philadelphia Municipal Court shall
19 have jurisdiction of the following matters:
20 * * *
1 (3) Matters arising under the act of April 6, 1951
2 (P.L.69, No.20), known as ["]The Landlord and Tenant Act of
3 1951.["] The judges of the Philadelphia Municipal Court shall
4 have the power to enter judgments exceeding $5,000 in matters
5 arising under this subsection.
6 * * *
7 Section 2. Section 1725 of Title 42 is amended by adding
8 subsections to read:
9 § 1725. Establishment of fees and charges.
10 * * *
11 (c) Counties of the first class.--In counties of the first
12 class:
13 (1) There shall be charged and set apart by the officer
14 receiving the fees fixed in this section and remitted monthly
15 to the treasurer of the bar association or other nonprofit
16 corporation operating the public law library of such county,
17 an amount equal to 30% of the filing fees at the time in
18 effect for the probate of wills, the issue of letters
19 testamentary, the issue of letters of administration and the
20 filing of accounts with the register of wills, the filing of
21 accounts of trustees and guardians in the court of common
22 pleas of the county and of all filings in the office of the
23 prothonotary of the county.
24 (2) The provisions of paragraph (1) shall not apply to
25 any actions taken or initiated by any political subdivision.
26 (3) The written receipt for the moneys of the treasurer
27 of the bar association or nonprofit corporation shall be the
28 only legal discharge of the officer.
29 (4) The Department of General Services shall annually,
30 and free of charge, distribute to the treasurer of each bar
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1 association or nonprofit corporation for the use of its
2 library, 60 copies of the Laws of Pennsylvania for the
3 purpose of enabling the library to exchange a copy of the
4 laws for a copy of similar publications of other states and
5 of the territories of the United States.
6 (5) The following fees shall be received by the clerks <--
7 of orphans' courts of counties of the first class:
8 (i) The following fees shall be charged for the
9 filing of accounts of guardians and trustees based upon
10 the size of the estate:
11 Estate not exceeding $1,000............ $14.00
12 Each additional $1,000 or fraction
13 thereof over $1,000, but not exceeding
14 $10,000.................................... 7.00
15 Over $10,000, but not exceeding
16 $25,000.................................... 140.00
17 Over $25,000, but not exceeding
18 $100,000................................... 279.00
19 Over $100,000, but not exceeding
20 $500,000................................... 419.00
21 Over $500,000, but not exceeding
22 $1,000,000................................. 559.00
23 Each additional $500,000 or fraction
24 thereof over $1,000,000.................... 300.00
25 (ii) The following fees shall be
26 charged for the indicated activity or
27 function:
28 Affidavit.............................. $3.00
29 Appeal to Supreme Court................ 35.00
30 Attachment............................. 3.00
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1 Auditor's report....................... 14.00
2 Bond................................... 7.00
3 Bond, refunding........................ 7.00
4 Claim of creditor...................... 7.00
5 Copy of any record, per page........... 3.00
6 Disclaimer............................. 7.00
7 Docket entries, per page............... 8.00
8 Election to take under or against will. 7.00
9 Exceptions to adjudication, opinion and
10 decree or master's or auditor's report..... 14.00
11 Execution of deed by clerk............. 14.00
12 Excerpt from schedule and
13 certification.............................. 7.00
14 Exemplification of any record.......... 7.00
15 Exemption, petition for................ 7.00
16 Family settlement:
17 not exceeding three pages.......... 25.00
18 each additional page............... 6.00
19 Guardian, appointment of:
20 not exceeding $2,500............... 14.00
21 exceeding $2,500................... 35.00
22 Inventory, guardian's.................. 3.00
23 Marriage license....................... 5.00
24 (Plus $10.00 surcharge for
25 Commonwealth of Pennsylvania)
26 Consent of parent or guardian.......... 3.00
27 Appointment of temporary guardian...... 3.00
28 Master's report........................ 13.00
29 Petition and decree.................... 14.00
30 Petition and decree for citation....... 28.00
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1 Pleading (other than petition):
2 answer to preliminary objections or
3 exceptions............................. 7.00
4 Preliminary objections................. 14.00
5 Satisfaction of award, each............ 3.00
6 Short certificate...................... 3.00
7 Stipulation............................ 14.00
8 Subpoena............................... 3.00
9 (6) The clerk of orphans' courts of counties of the
10 first class are authorized to establish fees for services
11 required by statute or rule of court which are not
12 specifically provided for in paragraph (5). Any such
13 additional fees shall be the same as those imposed for
14 similar services. The clerks shall not be required to perform
15 any service until the requisite fee is paid.
16 (d) Counties of the second class.--In counties of the second
17 class, the prothonotary and the clerk of the orphans' court
18 division shall set apart from the fees fixed in this section or
19 under any other statute and collected by them on the following
20 actions, proceedings and appeals and remit monthly the total
21 collected to the county treasurer for the exclusive use and
22 benefit of the public law library in the county.
23 (1) The sum of $1 for appeals to the court of common
24 pleas from any administrative agency, independent agency,
25 government unit, government agency or Commonwealth agency.
26 (2) The sum of $1 for appeals that are filed with or are
27 to be heard by the court of common pleas which appeals are
28 not specifically set forth in paragraph (1), including, but
29 not limited to, appeals from district justices, the
30 Pittsburgh Magistrates Court and the Traffic Court of
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1 Pittsburgh.
2 (3) The sum of $1 for appointments of Boards of View.
3 (4) The sum of $1 for certiorari to district justices
4 and the Pittsburgh Magistrates Court and the Traffic Court of
5 Pittsburgh.
6 (5) The sum of $1 for the commencement of a civil action
7 or proceeding.
8 (6) The sum of $1 for the filing of a praecipe for and
9 issuance of a writ of execution or attachment.
10 (7) The sum of $1 for the entry of a judgment by
11 confession or otherwise.
12 (8) The sum of $1 for the filing of adversary and
13 amicable scire facias proceedings.
14 (9) The sum of $1 for every filing with respect to
15 fictitious names, whether individual or corporate.
16 (10) The sum of $1 for the probate of a will, the
17 issuance of letters of administration, or a petition for
18 disposition of decedents estates independent of the issuance
19 of letters testamentary or of administration.
20 (11) The sum of $1 for the filing of an account of
21 fiduciary in the office of the clerk of the orphans' court
22 division or in the office of the prothonotary.
23 (12) The sum of $1 for the filing of a petition for a
24 writ of habeas corpus for the custody of a minor child or a
25 petition for the award of custody of a minor child.
26 (13) The sum of $1 for the filing of a praecipe for the
27 issuance of miscellaneous writs, for the filing of a petition
28 for a citation or for the filing of a caveat not specifically
29 provided for in this subsection.
30 (E) COUNTIES OF THE SECOND CLASS A.--IN COUNTIES OF THE <--
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1 SECOND CLASS A, THE PROTHONOTARY, THE REGISTER OF WILLS AND THE
2 CLERK OF THE COURT SHALL SET APART FROM THE FEES FIXED IN THIS
3 SECTION OR UNDER ANY OTHER STATUTE AND COLLECTED BY THEM ON THE
4 FOLLOWING ACTIONS AND PROCEEDINGS, AND REMIT MONTHLY THE TOTAL
5 COLLECTED TO THE COUNTY TREASURER FOR THE EXCLUSIVE USE AND
6 BENEFIT OF THE PUBLIC LAW LIBRARY IN THE COUNTY, IF THE COUNTY
7 COMMISSIONERS SO REQUEST AND IN THE AMOUNT THEY SO REQUEST:
8 (1) THE SUM OF NOT LESS THAN $5, NOR MORE THAN $40, FOR
9 THE COMMENCEMENT OF ANY CIVIL ACTION OR PROCEEDING.
10 (2) THE SUM OF NOT LESS THAN $5, NOR MORE THAN $40, FOR
11 THE PROBATE OF A WILL, THE ISSUANCE OF LETTERS OF
12 ADMINISTRATION OR ANY PETITION FOR DISPOSITION OF DECEDENTS
13 ESTATES INDEPENDENT OF THE ISSUANCE OF LETTERS TESTAMENTARY
14 OR OF ADMINISTRATION.
15 (3) THE SUM OF NOT LESS THAN $5, NOR MORE THAN $40, FOR
16 EACH MISDEMEANOR OR FELONY CASE PROCESSED BY THE CLERK OF
17 COURTS.
18 Section 3. Title 42 is amended by adding a section to read:
19 § 1725.3. Criminal laboratory user fee.
20 (a) Imposition.--A person who is placed on probation without
21 verdict pursuant to section 17 of the act of April 14, 1972
22 (P.L.233, No.64), known as The Controlled Substance, Drug,
23 Device and Cosmetic Act, or who receives Accelerated
24 Rehabilitative Disposition or who pleads guilty to or nolo
25 contendere to or who is convicted of a crime as defined in 18
26 Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. §
27 3731 (relating to driving under influence of alcohol or
28 controlled substance) or 3735 (relating to homicide by vehicle
29 while driving under influence) or a violation of The Controlled
30 Substance, Drug, Device and Cosmetic Act, shall, in addition to
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1 any fines, penalties or costs, in every case where laboratory
2 services were required to prosecute the crime or violation, be
3 sentenced to pay a criminal laboratory user fee which shall
4 include, but not be limited to, the cost of sending a laboratory
5 technician to court proceedings.
6 (b) Amount of user fee.--
7 (1) Where the prosecution is conducted in a county of
8 the first class or a county of the second class and the
9 county operates a county laboratory that has provided
10 services in the prosecution, the director or similar officer
11 of the county laboratory shall determine the actual cost of
12 the laboratory services provided in the prosecution and
13 transmit a statement for services rendered to the court. If a
14 county of the first class or a county of the second class
15 does not operate a county laboratory and laboratory services
16 in the prosecution were provided by the Pennsylvania State
17 Police, the fee shall be determined under paragraph (2).
18 (2) Where the prosecution is conducted in a county other
19 than a county of the first class or a county of the second
20 class and a Pennsylvania State Police laboratory has provided
21 services in the prosecution, the director or similar officer
22 of the Pennsylvania State Police laboratory shall determine
23 the actual cost of the laboratory services provided in the
24 prosecution and transmit a statement for services rendered to
25 the court.
26 (c) Disposition of fees.--
27 (1) In a county of the first class or a county of the
28 second class that operates a county laboratory, the criminal
29 laboratory user fee shall be paid to the county and shall be
30 used solely for operation and maintenance of the county
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1 laboratory. If a county of the first class or a county of the
2 second class does not operate a county laboratory, the
3 criminal laboratory user fee shall be paid into the Criminal
4 Laboratory User Fee Fund created under paragraph (2).
5 (2) In a county other than a county of the first class
6 or a county of the second class, or where a county of the
7 first class or a county of the second class does not operate
8 a county laboratory, the criminal laboratory user fee shall
9 be paid into a special nonlapsing fund of the State Treasury,
10 which is hereby established and shall be known as the
11 Criminal Laboratory User Fee Fund. Money in the Criminal
12 Laboratory User Fee Fund is hereby appropriated to the
13 Pennsylvania State Police and shall be used solely for
14 operation and maintenance of Pennsylvania State Police
15 criminal laboratories.
16 (d) Other laws.--The criminal laboratory user fee shall be
17 imposed notwithstanding any other provision of law to the
18 contrary.
19 Section 4. Section 2947 of Title 42 is reenacted and amended <--
20 to read:
21 § 2947. Fees.
22 [(a) General rule.--Constables and deputy constables shall
23 be compensated for performing judicial duties by the payment of
24 fees as set forth in this section and shall be paid according to
25 law for performing other duties.]
26 (b) Travel or mileage.--Actual mileage for travel by motor
27 vehicle shall be reimbursed at a rate equal to the highest rate
28 allowed by the Internal Revenue Service. If travel is by other
29 than motor vehicle, reimbursement shall be for actual, vouchered
30 travel expenses.
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1 (c) Apportionment.--If more than one defendant is
2 transported simultaneously, reimbursements shall be for actual
3 miles traveled, and the cost shall be divided between or among
4 the defendants.
5 (d) Additional persons.--A constable or deputy constable,
6 when he is transporting a prisoner, serving a warrant in a court
7 case or serving a warrant on a defendant of the opposite sex,
8 may, at his discretion, be accompanied by a second constable or
9 deputy constable [who is certified pursuant to section 2943
10 (relating to certification) to perform judicial duties]. In such
11 cases, each officer shall receive the fee set out in this
12 section. In all other civil and criminal cases, the issuing
13 authority may authorize such payment to a second such officer.
14 (e) Civil cases.--In civil cases, constable fees must be
15 paid in advance to the court for services desired to be
16 performed. Such fees shall not be refundable to the plaintiff if
17 a case is settled or a debt is satisfied less than 48 hours
18 prior to a scheduled sale or ejectment, in which latter case the
19 constable or deputy constable shall be paid for [a nonforcible]
20 holding the sale or carrying out an ejectment, respectively.
21 (f) Payment.--Fees shall be paid by the court to the
22 constable as soon as possible and in every case not more than
23 [30] 15 days after the latter of the following occurs:
24 (1) the service is performed; and
25 (2) the request for payment is submitted.
26 (g) Specific fees.--Fees in civil cases shall be as follows:
27 (1) For serving complaint, summons or notice on suitor
28 or tenant, either personally or by leaving a copy, $10 plus
29 $5 for each additional defendant at the same address.
30 [(2) For serving subpoenas, $10 for the first witness
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1 plus $2.50 for each additional witness at the same address.]
2 (3) For levying goods, including schedule of property
3 levied upon and set aside, $35.
4 (4) For advertising personal property to public sale, $5
5 per posting (maximum of $15) plus actual cost of advertising.
6 (5) For selling goods levied, $35.
7 (6) For clerk hired at sales, $20.
8 (7) For making return of not found or nulla bona (no
9 goods), $10.
10 (8) For executing order of possession, $10.
11 (9) For [nonforcible] ejectment [on order of possession,
12 $35], $70.
13 [(10) For forcible ejectment, $70.]
14 (11) For making return of service, other than not found
15 or nulla bona (no goods), $2.50.
16 (12) For providing [court-ordered] courtroom security as
17 ordered, $10 per hour, prorated to the nearest whole dollar,
18 assessed against one or more parties as determined by the
19 court.
20 (h) Criminal cases.--Fees in criminal cases shall be as
21 follows:
22 (1) For executing a warrant or for effectuating the
23 payment of fines and costs by attempting to execute a
24 warrant, $15 per warrant.
25 (2) For taking custody of a defendant, $5 per defendant.
26 (3) For conveyance of defendant to or from court, $5 per
27 defendant.
28 (4) For attendance at arraignment or hearing, $5 per
29 defendant.
30 (5) For executing discharge, $5 per defendant.
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1 (6) For executing commitment, $5 per defendant
2 (7) For executing release, $5 per defendant.
3 (8) For making returns to the court [of process served
4 or non est inventus (not found)], $2.50.
5 (9) [Pursuant to a policy established by the president
6 judge] For holding a defendant while awaiting the arrival of
7 the district justice at the office of the district justice,
8 $10 per defendant per hour beyond the first half hour,
9 assessed to the court.
10 (10) For conveying defendants for fingerprinting, $5 per
11 defendant.
12 (11) For fingerprinting or overseeing the fingerprinting
13 of defendants at the direction of the district justice, [$5]
14 $10 per defendant, plus $10 per defendant per hour beyond the
15 first half hour.
16 (12) For providing [court-ordered] courtroom security as
17 ordered, $10 per hour, prorated to the nearest whole dollar,
18 assessed against one or more parties as determined by the
19 court.
20 (13) For serving subpoenas, $10 for the first witness,
21 plus $2.50 for each additional witness at the same address.
22 The same fee shall be payable for attempting to serve a
23 subpoena at a wrong address supplied by the party requesting
24 the service.
25 (i) Similar fees.--For civil and criminal services not
26 specifically provided for, the court shall pay the same fees as
27 it pays for services that it determines to be similar to those
28 performed.
29 (j) Assessment by court.--In all criminal cases wherein the
30 defendant is discharged or indigent, or the case is otherwise
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1 dismissed, the court shall assess to the county the fee [and the
2 surcharge] provided in [subsection (l)] this section, except
3 that, in cases of private criminal complaints wherein the
4 defendant is discharged prior to the indictment or the filing of
5 any information or the case is otherwise dismissed at the
6 summary offense hearing, the court shall assess the fee [and
7 surcharge] to the affiant.
8 [(k) Adjustment of fees.--The Administrative Office may
9 raise the above fees and add new categories and fees from time
10 to time as it deems fair and just for the performance of
11 judicial duties provided by law.
12 (l) Surcharge.--There is hereby assessed a surcharge of $2
13 on each fee payable for the performance of judicial duties to
14 every constable or deputy constable who is certified pursuant to
15 section 2943 to perform judicial duties. This surcharge is
16 imposed on each individual service for which a fee is provided,
17 including each hour for which an hourly rate is to be paid.
18 Moneys collected pursuant to this subsection shall be turned
19 over monthly by the issuing authority to the county treasurer of
20 the county in which the issuing authority serves.
21 (m) Special account.--There is hereby established a special
22 restricted receipts account within the General Fund of the State
23 Treasury, which shall be known as the Constables' Education and
24 Training Account, for the purpose of financing expenses and
25 costs of administration by the board and other direct costs
26 associated with the program and continuing education courses
27 established pursuant to this subchapter. No funds from this
28 special account shall be used except for costs associated with
29 the program and continuing education courses established
30 pursuant to this subchapter and in no event shall be used by the
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1 court administrator or the Administrative Office of the
2 Pennsylvania Courts for any purpose whatsoever.
3 (n) Disposition of funds.--The moneys collected by county
4 treasurers under subsection (l) shall be forwarded monthly by
5 each county treasurer to the Department of Revenue for deposit
6 into the special account. None of these moneys shall be
7 transferred by the State Treasurer to another account or fund.
8 (o) Appropriations.--
9 (1) For the 1990-1991 fiscal year, all moneys deposited
10 in the special account established under subsection (m) are
11 hereby appropriated to the Court Administrator of
12 Pennsylvania to be used for the constable education and
13 training program as set forth in subsection (m).
14 (2) For the fiscal year beginning July 1, 1991, and each
15 year thereafter, the General Assembly shall appropriate to
16 the Court Administrator of Pennsylvania from the special
17 account established under subsection (m) such funds as may be
18 necessary to carry out the provisions of this act.
19 (p) Disbursements.--Disbursements from the account shall be
20 made only by the Administrative Office.
21 (q) Audit.--The Auditor General shall conduct an audit of
22 the account as he may deem necessary or advisable from time to
23 time.]
24 SECTION 4. CHAPTER 83 OF TITLE 42 IS AMENDED BY ADDING A <--
25 SUBCHAPTER TO READ:
26 CHAPTER 83
27 PARTICULAR RIGHTS AND IMMUNITIES
28 * * *
29 SUBCHAPTER H
30 DRUG NUISANCES
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1 SEC.
2 8381. SHORT TITLE OF SUBCHAPTER.
3 8382. DEFINITIONS.
4 8383. ACTION TO ABATE.
5 8384. COMPLAINT.
6 8385. SERVICE OF ORIGINAL PROCESS.
7 8386. PRELIMINARY INJUNCTION.
8 8387. PROTECTION OF WITNESSES.
9 8388. SECURITY.
10 8389. JUDGMENT AND REMEDIES.
11 8390. VIOLATION OF INJUNCTIONS OR ABATEMENT ORDER.
12 8391. RELEASE AND CANCELLATION.
13 8392. SEVERABILITY.
14 § 8381. SHORT TITLE OF SUBCHAPTER.
15 THIS SUBCHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE DRUG
16 NUISANCE LAW.
17 § 8382. DEFINITIONS.
18 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
19 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
20 CONTEXT CLEARLY INDICATES OTHERWISE:
21 "COMMUNITY-BASED ORGANIZATION." ANY GROUP AFFILIATED WITH OR
22 ORGANIZED FOR THE BENEFIT OF ONE OR MORE COMMUNITIES OR
23 NEIGHBORHOODS, OR ANY GROUP ORGANIZED TO BENEFIT THE QUALITY OF
24 LIFE IN A RESIDENTIAL AREA.
25 "CONTROLLED SUBSTANCE ACT." THE ACT OF APRIL 14, 1972
26 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
27 DEVICE AND COSMETIC ACT.
28 "DRUG-RELATED NUISANCE." THE USE OF ANY PROPERTY, IN WHOLE
29 OR IN PART, WHICH FACILITATES OR IS INTENDED TO FACILITATE ANY
30 VIOLATION OF THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN
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1 AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR
2 SIMILAR ACT OF THE UNITED STATES OR ANY OTHER STATE.
3 "MANUFACTURE" OR "MANUFACTURING." THE PRODUCTION,
4 PREPARATION, PROPAGATION, COMPOUNDING, CONVERSION OR PROCESSING
5 OF A CONTROLLED SUBSTANCE, OTHER DRUG OR DEVICE OR THE PACKAGING
6 OR REPACKAGING OF SUCH SUBSTANCE OR ARTICLE, OR THE LABELING OR
7 RELABELING OF THE COMMERCIAL CONTAINER OF SUCH SUBSTANCE OR
8 ARTICLE, BUT DOES NOT INCLUDE THE ACTIVITIES OF A PRACTITIONER
9 WHO, AS AN INCIDENT TO HIS ADMINISTRATION OR DISPENSING SUCH
10 SUBSTANCE OR ARTICLE IN THE COURSE OF HIS PROFESSIONAL PRACTICE,
11 PREPARES, COMPOUNDS, PACKAGES OR LABELS SUCH SUBSTANCE OR
12 ARTICLE. THE TERM "MANUFACTURER" MEANS A PERSON WHO MANUFACTURES
13 A CONTROLLED SUBSTANCE, OTHER DRUG OR DEVICE.
14 "OWNER." AN INDIVIDUAL, CORPORATION, PARTNERSHIP, TRUST
15 ASSOCIATION, JOINT VENTURE OR ANY OTHER BUSINESS ENTITY IN WHOM
16 IS VESTED ALL OR ANY PART OF THE TITLE TO THE PROPERTY ALLEGED
17 TO BE A DRUG-RELATED NUISANCE.
18 "PROPERTY." ANY TANGIBLE OR INTANGIBLE PROPERTY, INCLUDING
19 AN INTEREST IN ANY LEASEHOLD, LICENSE OR REAL ESTATE, SUCH AS
20 ANY HOUSE, APARTMENT BUILDING, CONDOMINIUM, COOPERATIVE, OFFICE
21 BUILDING, STORE, RESTAURANT, TAVERN, NIGHTCLUB OR WAREHOUSE, AND
22 THE LAND EXTENDING TO THE BOUNDARIES OF THE LOT UPON WHICH THE
23 STRUCTURE IS SITUATED AND ANYTHING GROWING ON, AFFIXED OR FOUND
24 ON THE LAND.
25 "TENANT." A PERSON WHO RESIDES IN OR OCCUPIES REAL PROPERTY
26 BELONGING TO ANOTHER PERSON PURSUANT TO A LEASE AGREEMENT OR
27 COMMON LAW TENANCY.
28 § 8383. ACTION TO ABATE.
29 WHEREVER THERE IS REASON TO BELIEVE THAT A DRUG-RELATED
30 NUISANCE EXISTS, THE DISTRICT ATTORNEY, THE SOLICITOR FOR THE
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1 COUNTY OR MUNICIPALITY, A RESIDENT WITHIN 1,000 FEET OF THE
2 PROPERTY, INCLUDING A TENANT OF THE PROPERTY, THE OWNER OF
3 PROPERTY OR ANY COMMUNITY-BASED ORGANIZATION MAY FILE AN ACTION
4 IN THE COURT OF COMMON PLEAS TO ABATE, ENJOIN AND PREVENT THE
5 DRUG-RELATED NUISANCE. SUCH ACTIONS SHALL BE COMMENCED BY THE
6 FILING OF A COMPLAINT ALLEGING THE FACTS CONSTITUTING THE DRUG-
7 RELATED NUISANCE.
8 § 8384. COMPLAINT.
9 (A) ADVERSE IMPACT.--THE COMPLAINT OR AN AFFIDAVIT ATTACHED
10 THERETO SHALL DESCRIBE THE ADVERSE IMPACT ASSOCIATED WITH THE
11 DRUG NUISANCE UPON THE SURROUNDING NEIGHBORHOOD. ADVERSE IMPACT
12 INCLUDES, WITHOUT LIMITATION, THE PRESENCE OF ANY ONE OR MORE OF
13 THE FOLLOWING CONDITIONS:
14 (1) DIMINISHED PROPERTY VALUE.
15 (2) INCREASED FEAR OF RESIDENTS TO WALK THROUGH AND IN
16 PUBLIC AREAS, INCLUDING SIDEWALKS AND STREETS, INCREASED
17 VOLUME OF VEHICULAR AND PEDESTRIAN TRAFFIC TO AND FROM THE
18 PROPERTY.
19 (3) AN INCREASE IN THE NUMBER OF AMBULANCE OR POLICE
20 CALLS TO THE PROPERTY WHICH ARE RELATED TO THE USE OF DRUGS
21 OR TO VIOLENCE STEMMING FROM ILLEGAL ACTIVITY.
22 (4) INCREASED NOISE, BOTHERSOME SOLICITORS OR APPROACHES
23 BY PERSONS WISHING TO SELL DRUGS OR SOLICIT THE DONATION OF
24 MONEY ON OR NEAR THE PROPERTY.
25 (5) THE DISPLAY OF DANGEROUS WEAPONS ON OR NEAR THE
26 PROPERTY.
27 (6) THE DISCHARGE OF FIREARMS ON OR NEAR THE PROPERTY.
28 (7) SEARCH WARRANTS SERVED ON TENANTS OR OCCUPANTS OF
29 THE PROPERTY WHICH RESULTED IN THE SEIZURE OF DRUGS.
30 (8) INVESTIGATIVE PURCHASES OF DRUGS ON OR NEAR THE
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1 PROPERTY BY LAW ENFORCEMENT OFFICERS.
2 (9) ARRESTS OF PERSON ON OR NEAR THE PROPERTY FOR
3 VIOLATION OF CRIMINAL LAWS.
4 (10) HOUSING CODE VIOLATIONS RELATING TO THE PROPERTY.
5 (11) HEALTH CODE VIOLATIONS RELATING TO THE PROPERTY.
6 (12) ACCUMULATED TRASH AND REFUSE IN COMMON AREAS ON OR
7 ADJACENT TO THE PROPERTY.
8 (13) AN UNSECURED ENTRYWAY ON THE PROPERTY.
9 (B) ATTEMPTS TO NOTIFY OWNER.--THE COMPLAINT SHALL CONTAIN A
10 DESCRIPTION OF WHAT ATTEMPTS, IF ANY, HAVE BEEN MADE BY THE
11 PLAINTIFF OR ANY OTHER PERSON OR ENTITY TO NOTIFY THE OWNER OF
12 THE PROPERTY OF THE DRUG-RELATED NUISANCE OR RESULTING ADVERSE
13 IMPACT.
14 § 8385. SERVICE OF ORIGINAL PROCESS.
15 (A) GENERAL RULE.--A COPY OF THE SUMMONS AND COMPLAINT SHALL
16 BE SERVED UPON THE DEFENDANT AT LEAST FIVE BUSINESS DAYS PRIOR
17 TO THE FIRST HEARING IN THE ACTION. SERVICE OF ORIGINAL PROCESS
18 SHALL BE MADE IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF CIVIL
19 PROCEDURE.
20 (B) POSTING AT PROPERTY.--IF PERSONAL SERVICE CANNOT BE
21 MADE, SERVICE MAY BE MADE BY POSTING THE PAPERS AT THE PROPERTY.
22 IF SERVICE IS MADE BY POSTING AT THE PROPERTY, A COPY OF THE
23 SUMMONS AND COMPLAINT SHALL BE MAILED REGISTERED MAIL, TO THE
24 LAST KNOWN MAIL ADDRESS, IF ANY, OF THE DEFENDANT. ACTUAL
25 RECEIPT OF THE REGISTERED MAIL SHALL NOT BE REQUIRED FOR
26 SERVICE.
27 § 8386. PRELIMINARY INJUNCTION.
28 UPON THE FILING OF A MOTION FOR PRELIMINARY INJUNCTION TO
29 ABATE THE DRUG-RELATED NUISANCE, THE PLAINTIFF SHALL BE ENTITLED
30 TO A HEARING ON THE MOTION FOR PRELIMINARY INJUNCTION WITHIN 10
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1 BUSINESS DAYS OF THE FILING. IF IT SHALL BE MADE TO APPEAR, BY
2 AFFIDAVIT OR OTHERWISE, THAT THERE IS A SUBSTANTIAL LIKELIHOOD
3 THAT THE PLAINTIFF WILL SHOW AT TRIAL, BY A PREPONDERANCE OF THE
4 EVIDENCE, THAT DRUG-RELATED NUISANCE EXISTS, THE COURT SHALL
5 ENTER AN ORDER PRELIMINARILY ENJOINING THE DRUG-RELATED NUISANCE
6 AND GRANTING SUCH OTHER RELIEF AS THE COURT MAY DEEM TO BE
7 APPROPRIATE, INCLUDING THOSE REMEDIES PROVIDED FOR IN SECTION 8.
8 WHENEVER POSSIBLE, THE COURT SHALL ORDER THE TRIAL OF THE ACTION
9 ON THE MERITS ADVANCED AND CONSOLIDATED WITH THE HEARING OF THE
10 MOTION. THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT THE
11 APPLICATION FOR OR THE GRANTING OF A TEMPORARY RESTRAINING
12 ORDER.
13 § 8387. PROTECTION OF WITNESSES.
14 AT THE TIME OF AN APPLICATION FOR THE ISSUANCE OF A
15 RESTRAINING ORDER OR AN INJUNCTION, IF PROOF OF THE EXISTENCE OF
16 THE DRUG-RELATED NUISANCE DEPENDS, IN WHOLE OR PART, UPON THE
17 AFFIDAVITS OF WITNESSES WHO ARE NOT LAW ENFORCEMENT OFFICERS,
18 UPON A SHOWING OF PRIOR THREATS OF VIOLENCE OR ACTS OF VIOLENCE
19 BY ANY DEFENDANT OR OTHER PERSON ALLEGED TO BE INVOLVED IN THE
20 DRUG-RELATED NUISANCE, THE COURT MAY ISSUE ORDERS TO PROTECT
21 THOSE WITNESSES, PROVIDING FOR NONDISCLOSURE OF THE NAME,
22 ADDRESS OR ANY OTHER IDENTIFYING INFORMATION PERTAINING TO THE
23 WITNESSES, AND SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY
24 DEEM APPROPRIATE.
25 § 8388. SECURITY.
26 NO BOND SHALL BE REQUIRED TO ISSUE A PRELIMINARY INJUNCTION
27 OR SPECIAL INJUNCTION SOUGHT BY THE DISTRICT ATTORNEY OR THE
28 SOLICITOR FOR THE COUNTY OR MUNICIPALITY. A BOND IN AN AMOUNT
29 FIXED AND WITH SECURITY APPROVED BY THE COURT MAY BE REQUIRED TO
30 ISSUE A PRELIMINARY INJUNCTION OR SPECIAL INJUNCTION WHEN THE
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1 PLAINTIFF IS NOT THE DISTRICT ATTORNEY OR SOLICITOR FOR THE
2 COUNTY OR MUNICIPALITY. WHERE SUCH RELIEF IS ISSUED AFTER AN
3 EVIDENTIARY HEARING AT WHICH WITNESSES ARE SUBJECT TO CROSS
4 EXAMINATION, THE COURT SHALL NOT REQUIRE A BOND IN EXCESS OF
5 $500.
6 § 8389. JUDGMENT AND REMEDIES.
7 (A) BURDEN OF PROOF.--THE PLAINTIFF MUST ESTABLISH THAT A
8 DRUG-RELATED NUISANCE EXISTS BY A PREPONDERANCE OF THE EVIDENCE.
9 (B) RELIEF.--IF THE EXISTENCE OF A DRUG-RELATED NUISANCE IS
10 FOUND, THE JUDGMENT MAY INCLUDE ACTUAL DAMAGES AND A TEMPORARY
11 OR PERMANENT INJUNCTION TO RESTRAIN, ABATE AND PREVENT THE
12 CONTINUANCE OR RECURRENCE OF THE DRUG-RELATED NUISANCE. THE
13 COURT MAY GRANT DECLARATORY RELIEF, MANDATORY ORDERS OR ANY
14 OTHER RELIEF DEEMED NECESSARY TO ACCOMPLISH THE PURPOSES OF THE
15 INJUNCTION OR ORDER AND ENFORCE THE SAME, AND THE COURT MAY
16 RETAIN JURISDICTION OF THE CASE FOR THE PURPOSE OF ENFORCING ITS
17 ORDERS.
18 (C) ADDITIONAL REMEDIES.--IF THE EXISTENCE OF A DRUG-RELATED
19 NUISANCE IS FOUND, THE COURT SHALL HAVE THE POWER ADDITIONALLY
20 TO FASHION ANY ONE OR MORE OF THE FOLLOWING REMEDIES:
21 (1) ASSESS COSTS OF THE ACTION AGAINST THE DEFENDANT.
22 (2) WHEN A GOVERNMENTAL AGENCY IS A PLAINTIFF IN THE
23 ACTION, ASSESS A CIVIL PENALTY AGAINST THE DEFENDANT OF NOT
24 LESS THAN $500 NOR MORE THAN $10,000.
25 (3) ORDER THE OWNER TO CLEAN UP THE PROPERTY AND MAKE
26 REPAIRS UPON THE PROPERTY.
27 (4) SUSPEND OR REVOKE ANY BUSINESS, PROFESSIONAL,
28 OPERATIONAL OR LIQUOR LICENSE.
29 (5) ORDER THE OWNER TO MAKE ADDITIONAL REASONABLE
30 EXPENDITURES UPON THE PROPERTY, INCLUDING, BUT NOT LIMITED
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1 TO, INSTALLING SECURE LOCKS ON DOORS, INCREASING LIGHTING IN
2 COMMON AREAS AND USING VIDEOTAPED SURVEILLANCE OF THE
3 PROPERTY AND ADJACENT ALLEYWAYS, SIDEWALKS AND PARKING LOTS.
4 (6) ORDER ALL RENTAL INCOME FROM THE PROPERTY TO BE
5 PLACED IN AN ESCROW ACCOUNT WITH THE COURT FOR UP TO 90 DAYS
6 OR UNTIL THE DRUG-RELATED NUISANCE IS ABATED.
7 (7) ORDER ALL RENTAL INCOME FOR THE PROPERTY TRANSFERRED
8 TO A TRUSTEE, TO BE APPOINTED BY THE COURT, WHO SHALL BE
9 EMPOWERED TO USE THE RENTAL INCOME TO MAKE REASONABLE
10 EXPENDITURES UPON THE PROPERTY IN ORDER TO ABATE THE DRUG-
11 RELATED NUISANCE.
12 (8) ORDER THE SUSPENSION OF ANY STATE, CITY OR LOCAL
13 GOVERNMENTAL SUBSIDIES PAYABLE TO THE OWNERS OF THE PROPERTY,
14 SUCH AS TENANT ASSISTANCE PAYMENTS TO LANDLORDS, UNTIL THE
15 NUISANCE IS ABATED.
16 (9) ALLOW THE PLAINTIFF TO SEAL THE PROPERTY WITH THE
17 COST OF SEALING PAYABLE BY THE DEFENDANT.
18 (10) ORDER THE DEFENDANT TO PAY THE PLAINTIFF THE COST
19 OF THE SUIT, INCLUDING REASONABLE ATTORNEY FEES.
20 (D) FACTORS TO CONSIDER.--IN MAKING AN ORDER UNDER
21 SUBSECTION (C), THE COURT SHALL CONSIDER, AMONG OTHERS, THE
22 FOLLOWING FACTORS:
23 (1) THE NUMBER OF PEOPLE RESIDING AT THE PROPERTY.
24 (2) THE PROXIMITY OF THE PROPERTY TO OTHER RESIDENTIAL
25 STRUCTURES.
26 (3) THE NUMBER OF TIMES THE PROPERTY HAS BEEN CITED FOR
27 HOUSING CODE OR HEALTH CODE VIOLATIONS.
28 (4) THE NUMBER OF TIMES THE OWNER HAS BEEN NOTIFIED OF
29 DRUG-RELATED PROBLEMS AT THE PROPERTY.
30 (5) THE EXTENT AND DURATION OF THE DRUG-RELATED NUISANCE
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1 AT THE TIME OF THE ORDER.
2 (6) PRIOR EFFORTS OR LACK OF EFFORT BY THE DEFENDANT TO
3 ABATE THE DRUG-RELATED NUISANCE.
4 (7) THE AVAILABILITY OF ALTERNATIVE HOUSING FOR TENANTS
5 OF THE BUILDING.
6 (8) THE EXTENT OF CONCERN ABOUT THE DRUG-RELATED
7 NUISANCE THAT HAS BEEN EXPRESSED BY NEARBY RESIDENTS OR
8 VISITORS TO THE AREA.
9 (9) THE OWNER'S INVOLVEMENT IN THE DRUG-RELATED
10 NUISANCE.
11 (10) THE OWNER'S INVOLVEMENT IN OTHER DRUG-RELATED
12 NUISANCES.
13 § 8390. VIOLATION OF INJUNCTIONS OR ABATEMENT ORDER.
14 (A) CONTEMPT.--A VIOLATION OF ANY COURT ORDER ISSUED UNDER
15 THIS SUBCHAPTER IS PUNISHABLE AS A CONTEMPT OF COURT BY A FINE
16 OF NOT LESS THAN $500 NOR MORE THAN $75,000. THE COURT MAY ORDER
17 THE SHERIFF OR OTHER PROPER OFFICER OF ANY COUNTY TO TAKE INTO
18 CUSTODY AND COMMIT TO JAIL ANY PERSON FINED FOR A CONTEMPT UNTIL
19 THE FINE SHALL BE PAID OR DISCHARGED. IF UNABLE TO PAY THE FINE,
20 THE PERSON MAY BE COMMITTED TO JAIL BY THE COURT FOR NOT MORE
21 THAN THREE MONTHS. EVIDENCE CONCERNING THE DURATION AND
22 REPETITIVE NATURE OF THE VIOLATIONS SHALL BE CONSIDERED BY THE
23 COURT IN DETERMINING THE CONTEMPT PENALTIES.
24 (B) ADDITIONAL ORDERS.--IN ADDITION, UPON FINDING THAT A
25 DEFENDANT HAS WILLFULLY VIOLATED A COURT ORDER ISSUED UNDER THIS
26 SUBCHAPTER, THE COURT SHALL BE ALSO EMPOWERED TO ISSUE ANY
27 ADDITIONAL ORDERS NECESSARY TO ABATE THIS DRUG-RELATED NUISANCE.
28 § 8391. RELEASE AND CANCELLATION.
29 (A) NO KNOWLEDGE AND ABATEMENT.--THE COURT MAY SUSPEND THE
30 EFFECTIVENESS OF AN ORDER OF ABATEMENT FOR NO MORE THAN 90 DAYS
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1 IF THE OWNER OF THE PROPERTY ESTABLISHES THAT HE HAD NO
2 KNOWLEDGE OF THE DRUG-RELATED NUISANCE AND COULD NOT REASONABLY
3 BE EXPECTED TO HAVE SUCH KNOWLEDGE AND THE OWNER AVERS THAT HE
4 WILL IMMEDIATELY UNDERTAKE SPECIFIED MEASURES TO ABATE THE
5 NUISANCE AND PREVENT IT FROM BEING A DRUG-RELATED NUISANCE FOR
6 THE FOLLOWING TWO-YEAR PERIOD.
7 (B) FINES AND BOND.--THE COURTS SHALL CANCEL THE ORDER OF
8 ABATEMENT IF THE OWNER OF THE PROPERTY PAYS ALL FINES AND LIENS
9 AGAINST THE PROPERTY, SATISFIES THE COURT THAT THE DRUG-RELATED
10 NUISANCE HAS BEEN ABATED FOR THE PAST 90 DAYS, CORRECTS ALL
11 HOUSING CODE AND HEALTH CODE VIOLATIONS AND POSTS A BOND IN AN
12 AMOUNT TO BE DETERMINED BY THE COURT, WHICH WILL BE IMMEDIATELY
13 FORFEITABLE IF THE DRUG-RELATED NUISANCE RECURS DURING THE
14 FOLLOWING ONE-YEAR PERIOD.
15 § 8392. SEVERABILITY.
16 IF ANY PROVISION OF THIS SUBCHAPTER OR ITS APPLICATION TO ANY
17 PERSON OR CIRCUMSTANCE IS HELD INVALID OR UNENFORCEABLE, THE
18 REMAINDER OF THIS SUBCHAPTER OR THE APPLICATION OF THE PROVISION
19 TO OTHER PERSONS OR CIRCUMSTANCES SHALL NOT BE AFFECTED.
20 Section 5. (a) The following acts and parts of acts are
21 repealed:
22 Section 1 of the act of July 20, 1917 (P.L.1158, No.401), <--
23 referred to as the Constable Fee Law.
24 Section 24(d) and (e) of the act of July 9, 1976 (P.L.586,
25 No.142), known as the Judiciary Act of 1976.
26 (b) The following acts or parts of acts are repealed insofar <--
27 as they relate to fees collected by clerks of orphans' courts of
28 counties of the first class:
29 Section 24(a) of the act of July 9, 1976 (P.L.586, No.142),
30 known as the Judiciary Act of 1976.
19910H0301B4080 - 23 -
1 42 Pa.C.S. § 1725.
2 (c) (B) All other acts and parts of acts are repealed <--
3 insofar as they are inconsistent with this act.
4 Section 6. The addition of 42 Pa.C.S. § 1725.3 shall apply
5 to offenses committed on or after the effective date of this
6 act.
7 Section 7. This act shall take effect as follows:
8 (1) The addition of 42 Pa.C.S. § 1725.3 shall take
9 effect immediately, EXCEPT THAT § 1725.3(B)(2) AND (C)(2) <--
10 SHALL TAKE EFFECT JANUARY 1, 1994.
11 (2) The amendment of 42 Pa.C.S. § 2947 shall take effect <--
12 in 30 days.
13 (3) (2) This section shall take effect immediately. <--
14 (4) (3) The remainder of this act shall take effect in <--
15 60 days.
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